Midland Credit Management [MCM] review: what is this 10

I have tried on numerous of occasions to first, find out what debt this is; secondly, educated to them that this was caused by Identity theft. I have produced countless letters from the Bank itself as well I mine, to include a claims submission in the regards of " Midland Credit Managemnt, Inc Telephone Consumer Protection Act Litigation Settlement.

I was robbed at a gas station in Blue Mtn, KY (police report was filed) in 2007. From there, my banks accts were taken and numerous of accts and credit cards were opened in my name. All were dismissed, closed and fraud alerted; except this. I have proved time and time again that this is a fraudulent account. I was divorced in 2004, and closed every credit card down that me and my spouse had as well as any joint accts. I bank with one bank and have been since my return to the US in Jan of 2003. This company and Messerli have REFUSED to tell me what this is, (either an acct opened or a credit card) REFUSED to provide documents, but only have said this is a Bank of America deal. I have called Bank of America and have letters stating I have NEVER had an account or credit cards through them. They have SENT letters to me as well as to Midland Funding, LLC and Messerli. They BOTH say they have never recieved. Last year, they literally garnished my bank acct, and my daughter's, I had to fight to get that back as I am a single parent, and that had funds for rent, bills and food, (see Claim of Exemption letter). I have resent NOTARIZED papers they have sent me regarding the fraud acct, as well as the letters from the bank. They are now trying again to garnish my pay on something that IS NOT MINE, never was.

This is harrassement, added stress, has my job in jeopardy, these are the points that red flag this:
The second page that has the notary signature says “that judgment has been entered”.
-Has a court judgment been made?
-South Dakota Codified Law 21-18-3.1 states that "Garnishment prohibited before judgment. Garnishment prior to obtaining final judgment in the principal action is prohibited.”
-The document has a Court File No. however there is no indication that the document has been filed with a court (such as a clerk of court signature)

This is a list of all the facts of my case:
-Victim of ID Theft
-Have filed an ID Theft Affidavit with Midland
-Filed a claim of exemption
-Past actions have been released
-Unaware of a judgment
-Attempting to Garnish without a judgment
-past the statute of limitiations

I too have been scammed by Midland Funding. I have no proof I paid the $1, 200. I have court again tomorrow third time off from work. Now they say we are going to a jury trial. What do I do?

Midland funding llc is a scam if you need help removing there collection company off your credit report please give me a call or any other negative accounts [protected] or email lohcreditrepair@yahoo.com I can help my company is 1 on 1 Reliable Credit Repair Company. I can email you samples of my work.

Do not let Midland Funding intimidate you. After my wife lost her job of 20 we fell behind in our bills. One credit card company refused to work with us and sold the debt to Midland. We did not know Midland purchased the debt, and Midland did not contact us until they racked what was a less than $400 debit into $15.000 with late fees, interest and 'legal' fees. First we got the 'let's settle' pitch and we refused. Then they started the barrage of calls from an array of different numbers. There were also letters, never via registered mail, threatening everything from a sheriffs sale of our property to eternal damnation. Then, they threatened a law suit, our reply, "Go for it."

Several months later, they asked for a mediation hearing in civil court. We agreed. We went in and showed that my wife had paid on the credit card until her unemployment ran out. We showed the letters from Midland with all their threats. We provided a list of all the various phone numbers they used to call, and most time never left a message, and proved Midland did not contact about the debt until all the interest and fees were racked up. Midland did sent an attorney to the arbitration, who sat in the courtroom and never said a word through the whole of the proceedings.

The court awarded Midland Funding, zero dollars and no cents.

Do not let these people railroad you. They are poorly prepared, ineffective and operate in grey areas of the law at best. Do not sign or even reply to ant documentation they mail you unless you consult a lawyer first. Do not agree to anything they offer that is less than view in your view, not theirs. Their only hope they have is to be able to beat you down into making a deal to make payments on a reduced figure. If you believe they have taken unfair advantage of your situation, fight them.

I might also add that an arbitration hearing is chaired and heard by actual attorneys, who have a less than favorable view of bottom feeder law firms such as Midland.

These folks are ruthless and are predatory. They prey on unsuspecting and uninformed people. They brought up collection of unsecured 6 year old debt against my deceased mother's estate. They got the estate filing number from a paid list. They prey on those who are grieving and hope you or your attorney will just pay them with no questions asked.

Do not give in to these folks and press your estate attorney (if you have one) to not pay automatically and force Midland to provide legal proof that the loan is valid according to federal law. If you ask them to validate the loan, they legally have to and they have to provide you with certain information so you can research to make sure the debt is legitimate. When I asked them for this, they dropped the ball and did not give me what I needed to validate the debt. Too bad for them. If they harrass you after you ask for validation, immediately contact an attorney and sue them. There are certain federal laws and various state laws put in place to stop that kind of predatory activity.

Come to find out my mother had paid the debt to the original note holder. There was a $30 late fee that did not get paid. The original bank closed the account. Midland probably bout it for five cents. Midland could not provide a signed contract with my mother's signature. They tried to hoodoo me and sent me a contract form the original bank. Of course, there was no signature and no date on it. It was a blank contract that I could have pulled on the banks website. The loan was 6 years old and they bought the $40 late fee 3 years later. The never attempted collection with my mother. They waited until she died and then attempted to collect. To bad, they were way out of my state's statute of limitation on collections. They also could not prove they ever did nay business with my mother.

As legal administrator of the estate and with the blessing of the judge overseeing the estate - I barred Midland's attempt at collecting $6000.00 on the estate. They then started sending me collection letters addressed personally to me, being careful not to say I owed them money but that the decedent was their customer. I guess they did not read the court documents I sent to them.

This made me chuckle since it is illegal in my state to send letter requesting collection through another party or family member. In my state you can actually sue the company for such a thing. I wrote a quick letter quoting my state's general statute and they stopped immediately. They are not stupid, but count on you being ignorant to the law.

They will file against you in Ohio. I still chuckle that they have a dead person on file in Ohio who they are suing. I do not recommend to take Midland to task without an attorney who is knowledgeable of credit laws and estate laws in your state. I just happen to be friends about 25 attorneys and 10 judges in my state - so I had one leg up. I hope they harass me again so I can sue them for a few thousand dollars plus my attorneys cost.

I recently recieved a request for defualt from the midlad funding and i have spoken to them, they want to set up a payment plan but want 800 in deposit which i dont have, i dont know what to do, and they are also trying to charge me another [protected] for attorney fees on top of the 3000 i owe already, it a walmart credit card account which i guess was sold be GE money Bank to Midland, im not sure on what to do.

ok lets discuss "common thief" comment, using your argument. You take out a department store credit card with a $250 credit limit but then you have to pay a yearly fee of $59 but "hey we will be nice and bill it to your credit card" and your interest rate is 11%. So in truth your credit on the credit card is only $191 but you dont understand because the nice lady that signed you up didnt explain that the $59 goes against what you can use, so thinking that you have $250 you buy $200 worth of stuff so that way you are below your credit limit and rather than you being declined the dept. store charge goes through and then at a later time in that monthly cycle they add the $59 fee so now you are at $259 on a $200 credit limit so guess what. Now they raise your interest rate to 22% and you are charged a late fee also of lets say $35 so now you are at $294 on a $250 credit limit and your payments are substantially higher than you expected so you call the credit card company for help and guess what you are told you are basically SOL, most people get angry and say screw it and pay it off but not all are able to. THIS sounds like a crook to me, but guess what I am not alone because Congress passed laws against this because it was so widespread unfortunately it did not help those already victimized by these crooks.

Then we get to the "greedy vampire" collection agencies that by your own comment Mica1755 thinks of people as common thieves, when the collection company charges off this debt that they continued to add fees to, they are able to charge it off and get tax write offs for an noncollectable debt.So here comes the collection agencies purchasing these debt for pennies on the dollar, so keep this in mind the c.c. company gets tax write off and still gets money for the debt. Now collection agency 1) we will call this company Midland Credit Management, oops did I let the cat out of the bag it's the same company as Midland Funding if you look through their papers, anyways they may send a letter saying something to the effect of if you dispute this debt you have 30 to dispute it. But truthfully even if you do dispute it, it does absolutely no good and you will get zero response. Now collection company 1) again lets say Midland credit Management holds on to this "debt" with out any other notification to the supposed "debtor" and they are adding fees. So now they right it off on taxes as noncollectable and they sell this debt to another collection company 2) Midland Funding who now adds their fees and threaten to sue you but guess what you original $250 credit card debt is now over $3500. Why do you think they all the time over you a "special settlement price" of a third off or half off ?
So my question is WHO is the thief, 2 or 3 tax write offs numerous added fees and over 10 times the original debt?

Again I will say Midland Funding is a scam if they do try to sue you please go to court and demand original documentation. If I am wrong then Mica explain why they arent coming after me any more?

SCAM, SCAM, SCAM

Cant say exactly what the rules are in Ohio but in Iowa they have to take you to court first. If they do SHOW UP and Fight. In Iowa if you are on social security they can not touch it. No matter what some of these liars that are bill collectors come on here trying to scare people saying they are "VERY TENACIOUS" are just trying to try to get you to do something. Now that I know and somewhat understand the game I welcome them coming after me because unless they have the proof they are SOL.

I am being sued by Midland Funding as well. Let me tell you about my circumstances I am a 68 year old woman on 660.00 Social Security a month. In the past 2 1/2 years I have had to bury my mother anyone knows the cost of a funeral. My daughter and grandchildren lost their home to foreclosure to Ameriquest another great California based Vampire Company so I had to take my saving to help them find a place to live so they are not homeless. I care for my 89 year old father who has dementia his diapers alone are over 100.00 a month not to mention his medicine and everything he needs so of course I have no money at all. Here comes Midland Funding saying they will attach my bank account, place a lien on the little home I have and worked for 50 years to pay for they go on and on with their threats. I understand the General Manager of this disgraceful company if 39 to 40 years old he is probably driving around in a big fancy car live in a big fancy house I would not doubt this low life company would sue their own mother to satisfy their greed. Most Americans do not just stop paying on their bills things happen in their lives that prevent them from paying for example on my street alone 5 families are without work of course they are going to feed their little ones and keep a roof over their heads first. Well I guess me and my father should go live in the street at our age to give the greedy vampires some more blood money. I hope the people of Ohio all stand up and file another Class Action suit against this [censor] of a company.

I dont know if this will help but let me tell you my recent experiences with Midland funding. On Dec 29 2009, we were served papers by sheriffs dept. It was from Midland Funding. There was absolutely no information on these papers except to say we owed them $1250 for a HSBC card. Having never had a HSBC card we answered at the courthouse and a court date was set at the end of January. When we got called up to the magistrate he asked us about this lawsuit to which we questioned the legitimacy and said the attorney that was suing us wasnt even there. The Magistrate said in Iowa the attorney doesnt have to be there, to which I questioned "so we can be accused of something with absolutely no proof and not even be able to face our accuser even though this is a small claims lawsuit?" The Magistrate then called Midlands attorney representing them and asked when this account was for and was it a regular credit card or a store card. The attorney did not know so the Magistrate gave them a continuance until March 2, 2010. On March 2 we showed up again and when we checked in the clerk of court said "Oh we forgot to schedule you today" so we had to come back the next day and this time the Magistrate asked us about it again and I told him that he gave Midland funding a continuance to get their papers in order and we showed up the day before when the court day was scheduled and then again today when the clerk of court rescheduled us.( Sidenote==How can the clerk of court reschedule a court day for the next day without giving the plantiff attorney who lives several hours away notice unless the attorney already knew we were not scheduled and assumed we would not show up?) Any ways after I told the magistrate about his continuance he called the attorney stated who he was and said we were there and then he said into the phone OK Thank You. He hung up and said Ok this is dismissed.

I really think the attorney, and the magistrate, and the clerk of court never expected us to fight this to find out what it is. But ultimately Midland Funding is a joke basically a legal scam. So fight them and demand proof of debt. Chances are great that they dont have squat.